PHILADELPHIA – A former EMS student at Bucks County Technical High School alleges she suffered a broken left pinky finger, after being compelled to participate in a mandatory impact weapons drill featuring batons and punch paddles.
Jenna-Jo Biondino of Morrisville filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 25 versus Bucks County Technical School Authority (operating as “Bucks County Technical High School”) of Fairless Hills and one of its teachers, Kimberly Caron, also of Morrisville.
“On May 23, 2022, plaintiff Biondino, a then-17-year-old student was enrolled in the Emergency Medical Services program at Bucks County Technical High School. At all times relevant hereto the defendants, Bucks County Technical School Authority operating as Bucks County Technical High School and Caron, had a policy, practice, tradition and/or custom of having the students enrolled in the Emergency Medical Services program engage in impact weapons training with batons and punch paddles. At all times relevant hereto, the Pennsylvania State Police has classified ‘batons’ as a ‘weapon’ albeit a ‘less-lethal weapon.’ At all times relevant hereto, defendants provided students in general and plaintiff in particular with batons and punch paddles to engage in ‘sparring’ with one another,” the suit says.
“At all times relevant hereto, defendants instructed students in general and plaintiff in particular to hold the baton with both hands while another student was instructed to strike the baton holding student with punch paddles. At all times relevant hereto, defendants provided no hand or finger protection for those students engaged in weapons training. At all times relevant hereto, there was no rational reason to have students enrolled in the Emergency Medical Services program to be trained in the use of impact weapons. At all times relevant hereto, the defendants’ policy makers knew of the policy, acquiesced to it, and disregarded the foreseen problems, of compelling minor students to ‘spar’ with one another using impact weapons and punch paddles.”
The suit adds the policy, practice, tradition and/or custom of defendants in having minor children ‘spar’ with one another using impact weapons and punch paddles was “known to create a foreseeable danger of which the defendants were aware” – and the defendants “affirmatively implemented a dangerous weapons training exercise, which encouraged, facilitated or authorized students to engage in ‘sparring’ with one another, using baton weapons and punch paddles.”
“On May 23, 2022, pursuant to this policy, practice and/or custom of defendants, plaintiff Biondino was instructed, compelled and directed to ‘spar’ with a fellow student using impact weapons and punch paddles. On May 23, 2022, while instructed, compelled and directed to ‘spar’ with a fellow student using the baton weapon and punch paddles, plaintiff Biondino’s left hand was struck, causing serious injuries thereto,” the suit states.
“As a result of the actions of the defendants, and/or the failure of the defendants to perform the duties they were legally obligated to perform, plaintiff Biondino has suffered severe and permanent injuries, including, but not limited to, a displaced fracture of her left small finger, requiring open-reduction and internal fixation, with accompanying nerve damage and permanent limitations. As a result of the actions and/or inactions of the defendants, plaintiff Biondino has in the past and may in the future be required to obtain medical treatment for her injuries. As a further result of the actions and/or inactions of the defendants, plaintiff Biondino has been unable to engage in her usual and customary activities.”
For two counts of violating 42 U.S.C. Section 1983 through state-created danger and violation of policy, practice or custom, the plaintiff is seeking damages in excess of $75,000, plus attorney’s fees, costs, as well as all other relief the Court deems just and appropriate.
The plaintiff is represented by Jonathan J. Russell of Drake Hileman & Davis, in Doylestown.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01252
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com